Getting arrested for driving under the influence (DUI) in California can lead to serious consequences. The penalties and sentencing for a DUI conviction depend on several factors, including your blood alcohol concentration (BAC) level at the time of arrest, prior DUI convictions, and whether you caused injury to others. Here’s a look at typical DUI sentences in California and what to expect if you face DUI charges.
DUI Penalties for First Offense in California
For a first-time DUI conviction in California with no aggravating factors, typical penalties include:
- Up to 6 months in county jail
- Fines up to $1,000 plus penalties and assessments
- A 3-month or 9-month DUI program
- License suspension up to 10 months
- Ignition interlock device requirement
- SR-22 insurance requirement
Jail time for a first offense rarely exceeds one month. However, even for a misdemeanor DUI, most first-time offenders in California do face mandatory jail time of between 2 days and 6 months.
Fines start at a base fine of $390 to $1,000. However, numerous penalty assessments raise the total fine amount to $1,800 or more. Many courts will also impose restitution fines of $150 or more.
A 3-month DUI program is required for first offenses when the driver’s BAC is under 0.20%. For BAC levels of 0.20% or higher, a 9-month DUI program is mandatory. The program includes alcohol education classes, group therapy, interviews, and other activities.
The DMV will suspend the driver’s license for up to 10 months for a first DUI offense. Restricted licenses may be available after a 30-day hard suspension period, but only if the driver installs an ignition interlock device (IID).
An IID connects a breathalyzer to a vehicle’s ignition system. The driver must provide a breath sample before starting the vehicle. If alcohol is detected, the vehicle will not start. First offenders typically have to keep interlock devices installed for 5 months.
California also requires high-risk drivers with DUIs to get an SR-22 certificate from their insurance company and maintain it for 3 to 5 years. SR-22 insurance proves you have adequate liability coverage to reinstate your license.
Aggravating Factors That Increase DUI Penalties
Several circumstances can enhance DUI penalties in California and lead to longer jail sentences:
- BAC of 0.15% or higher
- Refusing chemical testing
- DUI with a minor under 14 years old in the vehicle
- DUI while speeding or committing traffic violations
- Prior DUI conviction within 10 years
If your BAC is 0.15% or higher, you face increased jail time, license suspension, and longer DUI classes. Refusing to submit to breath or blood testing also results in extra jail time and a longer license suspension.
When a minor under 14 is a passenger, you’ll face enhanced penalties even for a first DUI. These include a minimum 48 hours jail, increased fines, and longer DUI programs and license suspensions.
Speeding or committing traffic offenses like running red lights or stop signs while DUI leads to additional fines and jail time. These types of violations indicate inherently dangerous driving that increases DUI penalties.
A prior DUI within 10 years also means mandatory jail time, even for first offenses. Two DUIs within 10 years make a DUI charge a felony in California.
Second DUI Penalties
A second misdemeanor DUI conviction within 10 years in California brings increased jail time and fines. Penalties include:
- Up to 1 year in county jail
- Fines up to $1,800 plus assessments
- 18-month or 30-month DUI program
- 2-year license suspension
- Ignition interlock device requirement
- SR-22 insurance requirement
Minimum mandatory jail time increases to 48 hours for a second DUI. While sentences can reach a 1-year maximum, most second offenders serve between 30 and 90 days. Longer jail terms are more likely with elevated BAC levels or other aggravating circumstances.
Fines also increase for a second offense, typically reaching around $1,800 or more with assessments. An 18-month DUI program is standard for second offenses with a BAC less than 0.20%. A 30-month program is required for BAC levels of 0.20% or above.
The DMV imposes a 2-year license suspension for a second DUI. Restricted licenses with an ignition interlock may be available after a 1-year hard suspension. Interlock devices are mandatory for 1 year.
High-risk insurance (SR-22) will be required for 4 to 5 years after a second DUI conviction.
Third DUI Penalties
A third DUI offense within 10 years is a felony in California. This brings much harsher penalties:
- 120 days to 1 year in county jail or up to 4 years in state prison
- Fines up to $1,800 plus assessments
- Minimum 18- or 30-month DUI program
- 3-year license revocation
- Ignition interlock device requirement
- SR-22 insurance requirement
Jail time increases significantly for a felony DUI, starting at a mandatory minimum of 120 days. While sentences can reach 4 years in state prison, county jail terms of 6 months to 1 year are most common.
Fines are similar to a second DUI offense, around $1,800 typically. However, a third DUI must include at least an 18-month DUI program, and often a 30-month program.
A 3-year license revocation also applies, with interlock requirements to drive restricted after the first year. Ignition interlocks are mandatory for 2 years.
High-risk SR-22 insurance will be required for 5 years following license reinstatement.
Fourth and Subsequent DUI Offenses
A fourth DUI will also be charged as a felony in California. While potential penalties are similar to a third DUI, sentences tend to be even harsher. Jail terms of 1 year or longer are common for a fourth DUI.
Under California’s DUI laws, a fourth and any subsequent DUIs also count as separate offenses. So you can face multiple felony charges for a fourth DUI, fifth DUI, and beyond.
Jail or prison time and fines continue to increase with each subsequent felony DUI offense. License revocation periods also extend, as do interlock and SR-22 requirements.
When Is a DUI a Felony in California?
In California, a DUI becomes a felony charge if:
- It’s a third DUI offense within 10 years
- It’s a fourth or subsequent DUI offense
- The driver causes bodily injury to another person
Causing injury DUI is a “wobbler” offense, meaning it can be charged as either a misdemeanor or felony. Felony charges generally apply when the injury is considered substantial or causes long-term impairment.
DUI Causing Injury Penalties
A DUI resulting in injury can lead to:
- Up to 1 year in county jail or up to 16 months in state prison
- Fines up to $5,000
- Mandatory license suspension up to 10 years
- Restitution to victims
Injury sentence enhancements for a DUI depend on the extent of injuries. Possible prison terms range from 16 months to 16 years. Jail times can reach 1 year.
Fines can be up to $5,000 for injury DUI. The DMV will also suspend your license for 1 to 10 years based on the injuries caused.
Restitution to victims is usually required to cover medical bills, lost wages, and other damages from a DUI accident.
DUI Manslaughter Penalties
If a DUI results in someone’s death, it becomes a very serious felony offense:
- 4 to 10 years in state prison
- Up to $10,000 in fines
- License revocation for 10 years
- Restitution to victim’s family
Sentencing enhancements for DUI vehicular manslaughter range from 4 years up to 15 years to life in prison. Fines up to $10,000 are possible.
The DMV will revoke driving privileges for 10 years. And the defendant must pay restitution to the family for medical costs, funeral expenses, lost financial support, and other damages.
Driver’s License Suspension for DUI
All DUI convictions in California result in a driver’s license suspension by the DMV. Suspension lengths are:
- First DUI – 6 to 10 months suspension
- Second DUI – 2 years
- Third DUI – 3 years
- Injury DUI – 1 to 10 years
- Manslaughter DUI – 10 years
For first and second DUIs, restricted licenses may be available halfway through the suspension if interlock devices are installed. With a third DUI, drivers must wait 1 year to apply for a restricted license.
Longer revocations apply following injury and manslaughter DUIs. Restricted licenses during the suspension period are generally not available in these cases.
Can You Go to Jail for First DUI in California?
Yes, even a first misdemeanor DUI conviction in California results in mandatory jail time. Minimum sentences are:
- First DUI – 48 hours
- Second DUI – 48 hours
- Third DUI – 120 days
While it’s possible to receive alternative sentences like community service or house arrest, most first offenders still serve about 1 day in jail. Longer jail terms up to 6 months are more likely with elevated BAC levels or other aggravating factors.
Do DUI Convictions Go Away in California?
In California, a DUI conviction stays on your record permanently. However, the offense does become less serious over time in regards to sentencing penalties and insurance rates.
Specifically, California DUI offenses “fall off” your record after 10 years. This means a DUI more than 10 years old will not:
- Count as a prior DUI to enhance new DUI penalties
- Be considered a prior felony to make a new DUI a felony
- Lead to license suspension enhancements for subsequent DUIs
So while a DUI conviction always remains on your criminal record, it becomes less impactful over time if you avoid new offenses. Past the 10-year mark, insurers and the DMV can only look back to the most recent DUI when setting rates and suspensions.
Reducing DUI Charges or Sentences
It may be possible to reduce DUI penalties by:
- Challenging probable cause for the traffic stop or arrest
- Contesting the results of chemical BAC testing
- Filing a DMV hearing to fight the license suspension
- Negotiating a plea bargain agreement
- Providing mitigating circumstances to the judge
An experienced DUI defense attorney can review the details of your case to find grounds to suppress evidence or get charges reduced. This may lead to dismissed charges, reduced sentences, or avoidance of license suspensions.
Legal strategies like pleading to wet reckless instead of DUI can prevent prior offense enhancements in future cases. This helps minimize long-term impacts to your criminal record and driving privileges.
Conclusion
The penalties for a DUI conviction in California depend on your offense level as well as aggravating factors. Even a first DUI brings mandatory jail time, fines, DUI classes, and a license suspension. Penalties increase sharply for second and third offenses within 10 years.
A DUI causing injury can be charged as a misdemeanor or felony with additional prison time. A DUI manslaughter conviction leads to years in prison. Longer license suspensions also apply when a DUI involves injuries or death.
While DUI penalties are strict in California, experienced defense representation can help reduce charges and sentences. This minimizes impacts to your criminal record and driving privileges for current charges and any future DUI arrests.